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Kingston hospital parkingeye parking charge notice

tulips
tulips Posts: 55 Forumite
Part of the Furniture
got home to this today.
A family friend was taken to a&e. Paid for 2 hours and apparently overstayed as it took a while.
Date of event: 20/4
Date notice issued : 26/4
Date I received it: 8/5 ( guess I can't prove that though) (Pofa is quoted)
£100 or £50 if paid by 10/5

I shall complain to hospital tomorrow and start the parkingeye appeal process.

All help/pointers gratefully received. Meanwhile I shall go read the newbies thread again! Thanks.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as above , use the blue text template as keeper AND complain to PALS

    nothing more to add , you seem to know already what to do , and why
  • tulips
    tulips Posts: 55 Forumite
    Part of the Furniture
    Thanks, would it be wise to add a sentence (in parkingeye appeal) starting that the letterr arrived 18 days after the incident?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    tulips wrote: »
    Thanks, would it be wise to add a sentence (in parkingeye appeal) starting that the letterr arrived 18 days after the incident?

    yes

    add something like

    the letter arrived 18 days after the incident and so there is no keeper liability under POFA2012, please cancel this spurious charge ASAP
  • tulips
    tulips Posts: 55 Forumite
    Part of the Furniture
    OK pals written to and for the PE appeal can I edit the standard text to (my alterations in blue)? Should I not have removed the bit about asking for a popla code?

    Thanks

    Dear Sir / Madam

    Re: PCN No.xxxxxx

    Yesterday (9th May 2017) I received a parking charge notice. I challenge this parking charge notice as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. Further, as the letter arrived 20 days after the incident, there is no keeper liability under POFA 2012, please cancel this charge.

    There will be no admissions as to who was driving and no assumptions can be drawn. [STRIKE]You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.[/STRIKE]

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    change it to they must either cancel the charge or offer a POPLA code
  • tulips
    tulips Posts: 55 Forumite
    Part of the Furniture
    Delayed update. Kingston PALS saved the day and arranged for the charge to be cancelled.
    :-)
  • Umkomaas
    Umkomaas Posts: 42,870 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks for update. It helps keep us motivated. Too many can't be assed once we've helped them get off their charge. A symptom of a 'take all, give nowt back' Britain.

    Glad you're sorted.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Is there a standard template available for the hospital complaint?
    Any pointers on what shoudl be added?
    Any help will be appreciated.
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